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5.1. HRSR 12-06-2004
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5.1. HRSR 12-06-2004
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City Government
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HRSR
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12/6/2004
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t <br /> Section 5.8 Issuance of Tax Increment Revenue Refunding Bonds. <br /> (a) The Parties understand and agree that the Developer's willingness to undertake its 4 <br /> activities under this Agreement was predicated on the understanding that the Developer would <br /> achieve the Allowable Profit and receive the developer fees and the Targeted Rate of Return <br /> contemplated by this Agreement. The Parties also understood at the time of execution of this <br /> Agreement that in order to achieve such Allowable Profit and receive such developer fees and <br /> such Targeted Rate of Return it might be necessary for the City to issue tax increment bonds to <br /> refund the Tax Increment Revenue Note (the "Refunding Bonds") and that if such bonds are <br /> issued after the Completion Date costs of financing could be reduced, thereby enhancing the <br /> financial feasibility of the Development. Therefore, the City agrees, to the extent permitted by <br /> law that, at the prior written request of the Developer, but no earlier than the Profit <br /> Determination Date, to use its best efforts to issue Refunding Bonds subject to the following <br /> conditions: <br /> (i) The principal amount of the Refunding Bonds shall be based on a Debt <br /> Service Coverage Ratio as is necessary to sell the Refunding Bonds at par. The principal <br /> amount of the Refunding Bonds will not exceed the lesser of(i) the amount that can be <br /> amortized using the Pledged Tax Increment generated by the Minimum Improvements <br /> and (ii) the amount necessary after reasonable transaction costs, reserves and capitalized <br /> interest to create net proceeds equal to the outstanding principal balance of the Tax <br /> Increment Revenue Note so long as the total aggregate debt service payable with respect <br /> to the Refunding Bonds does not exceed the total aggregate debt service that would have <br /> been payable over the term of the Tax Increment Revenue Note; ilk <br /> (ii) The legal authority of the City to issue such Refunding Bonds and pledge <br /> the Available Tax Increment at the time of the Developer's request; and <br /> (iii) The ability of any Placement Agent to market the Refunding Bonds. <br /> (b) The Developer acknowledges that the maximum amount the City will pledge to <br /> repay the Tax Increment Refunding Bonds is the Pledged Tax Increment generated by the <br /> Minimum_Improvements, and that the City will determine, in its sole discretion, the principal <br /> amount of the Refunding Bonds to be issued. In determining the principal amount of the <br /> Refunding Bonds to be issued, the City will consider, among other things, the Market Values of <br /> the completed Minimum Improvements. In addition and if feasible, the City will issue separate <br /> Refunding Bonds for each of the components of the Development. <br /> (c) The terms and conditions of the Refunding Bonds will be set forth in a resolution <br /> to be adopted by the City Council of the City (the "Bond Resolution"). In the event of a conflict <br /> between the terms and conditions hereof and the terms and conditions of the Bond Resolution, <br /> the terms and conditions of the Bond Resolution shall prevail. <br /> Section 5.9 Issuance of Parking Lot Note. <br /> (a) When requested by the Developer, but not prior to the Closing on the Jackson <br /> Block Property and the closing on the Construction Loan for the Bluff Block Development, the 40 <br /> City shall commence construction of the King Avenue parking lot provided that: <br /> 1674205v8 3 <br />
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